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745 year sentences, as set by Judge Lawrence O’Neil, OVERTURNED in what the Ninth Circuit describe as “HARSH!” – Further evidence that Judge Lawrence O’Neil is unsuitable to sit as a Federal District Judge.

Judge Lawrence O’Neil appears to be going a little OTT with regards to his sentencing ALONGSIDE his ever increasingly erratic behaviour , even more reason that we should be concerned about his suitability as a judge in a federal district court.

Between the 24th December 2005 and the 24th July 2006, a string of robberies took place in Frenso and Madera. On July 24th, two individuals, Marcus Major and Jordan Huff were arrested in connection with the burglaries as a result. They were charged with the offences on the 14th June 2007 with a variety of violations including that to interfere with commerce and brandishing and discharging firearms. In total, 61 counts of a variety of violations were made (1:07-cr-00156-LJO-1 & 1:07-cr-00156-LJO-2).

Major and Huff were tried together and they were found guilty of all counts of violations. Judge Lawrence O’Neil sentenced the individuals to EXTREME sentencing including for Huff, 121 months for EACH of the conspiracy and robbery charges, to be served concurrently. A further 120 months for the discharging of a firearm, this time to be served consecutively and a further 300 months for EACH of the 29 discharging and brandishing counts, to be served…CONSECUTIVELY. Major was sentenced on a very similar basis with the total sentence for the defendants, of 8,941 months (745 years) for Jordan Huff and 8,955 months (746 years) for Marcus Major.

One of the predominant arguments by the defendants in this case was the CRUEL and UNUSUAL punishment in violation of the Eighth Amendment. The Eighth Amendment forbids some punishments from being sentenced when they are considered extreme or excessive when compared to the crime. In this instance, we must consider the crimes that Major and Huff were tried for. These were predominantly burglary, brandishing and discharging firearms. There were NO human causalities in their offences and any loss suffered was purely commercial. How on earth can Judge Lawrence O’Neil sentence these two individuals to sentences that are 10 times the life expectancy of the average human? It is hard to understand as to how individuals can be sentenced to such crazy and extreme sentences when examined with regards to the crimes that they committed.

Furthermore, Major and Huff argued that Judge Lawrence O’Neil allowed the government to present evidence of other crimes for which they were implicated, yet were not linked to the counts of burglary, brandishing and discharging firearms for which they were tried. Judge Lawrence O’Neil furthermore denied the pair their rights to the Sixth Amendment in which they have the right to be able to prepare for their trial, by allowing them NO contact with anybody other than their attorneys. Thus far, we can see that Judge Lawrence O’Neil has ignored BOTH the Eighth Amendment and the Sixth Amendment. What gives him this power? Who is he to take away the basic legal human rights as set by the United States Constitution in the United States Bill of Rights?

The defendants filed motions in regards to the inclusion of charges that were not regarded as evidence in the following cases 1:07-cr-00156-LJO-1 and 1:07-cr-00156-LJO-2 under federal rules of evidence. However, yet again Judge Lawrence O’Neil DENIED both motions. In closing arguments, the defendants association with street gangs was included and as such, the court abused its discretion with regards to inclusion of unlawful evidence.

What we can see here is clear evidence that Judge Lawrence O’Neil broke a variety of constitutional rules.

Judge Lawrence O’Neil denied the defendants the right to prepare for trial as described in the sixth Amendment, and as such he violated the sixth Amendment.

Judge Lawrence O’Neil denied two evidence based motions that were filed with regards to the inappropriate inclusion of evidence unrelated in to the current trial.

In sentencing, Judge O’Neill stated that “It shows your contempt for civilized society and I’m going to do what I need to do to take you out of society because you are not civilized.” “You two are terrorists in the simple meaning of that word; you terrorized your victims. You simply wanted money and it wasn’t just adult victims, there were children terrorized too.”

Judge O’Neil talks of victims, but with regards to gratuitous violence in this case, there was NONE and he still felt that his 756 and 746 year sentences were FAIR?

OVERRULED

The only saving grace that we have in such a story is that of the Ninth Circuit Court of Appeals who argued that there was no way of executing such punishments, as humans do not have the capacity to live 700 years and as such OVERTURNED the decisions made by the inadequately placed Judge Lawrence O’Neil.

NOONAN, Circuit Judge, concurring and dissenting:

“I concur in the opinion of the court except as to the sentences of over 700 years. The court says, “No one could dispute that a sentence of almost 750 years is harsh.” No one would bother to characterize such a sentence as “harsh.” It is simply incapable of execution. No known human being has the capacity to live 700 years. No living human being is likely to live 700 years. On its face, the sentence is impossible to execute. The United States asks us to affirm this sentence. It asks us to affirm a sentence that cannot be carried out. I do not believe that we should participate in this utterly empty gesture.”

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4 thoughts on “745 year sentences, as set by Judge Lawrence O’Neil, OVERTURNED in what the Ninth Circuit describe as “HARSH!” – Further evidence that Judge Lawrence O’Neil is unsuitable to sit as a Federal District Judge.”

Either he’s off his rocker, or he just doesn’t care. You see that in older teachers and civil servants, ones closer to retirement or secure that they won’t be fired: they don’t show up on time, they cancel when they want, refuse to answer questions, etc. He’s arrogant, like them, and thinks he can do what he wants–unfortunately, in this case that means ruining people’s lives instead of just failing to teach.

The law and order of the country has come to a position where even prosecutors are scared of doing their jobs as they might be dropped with criminal investigations or start being second guessed if they make an official call for charges. After this case, the judiciary of the country has practically been raped and deprived of its uniqueness in being firm and just for everyone. Nobody can tell today what is right without the fear of being abducted by the ones with the authority and by the ones who are openly established as power corrupt and Judge Lawrence O’Neil just sits there all smug! It makes my blood boil!

Yet again another case I hadn’t known about regarding our good ole friend Judge O’Neill. The man who enjoys throwing people into jail, whether guilty or not, he doesn’t care. O’Neill cares more about the country club, playing golf, laying on the beach and taking his family on ridiculous vacations during the course of his career. Well someone should tell him that those same people sitting in jail are the reason he took those vacations and why he can go to the club three times a week and play golf with Bob and John. Someone should tell him that he didn’t need to put innocent people in prison to get there either.

I have a feeling that over the next decade more and more innocent people will come out to the forefront. I understand these two guys were not innocent and did deserve to be punished, but not for 700 years, that’s just stupid. But from reading and knowing people who were sent to jail illegally on the watch of O’Neill, I find it unlikely that no other will come forward.

I blame the federal system and not just Judge O’Neill for letting this happen. Why is it that judges even have the power to set such judgments? Why is there not a max for each crime or a general rule that says “sentencing people to more than 100 years is a waste of time”. These defendants will only end up appealing the decision and cost taxpayers more money. It should be done right the first time.

I read in the New York Post that cases of juveniles being sentenced too harshly has finally taken a turn for the better. It’s still a shame that it has taken so long for these decisions to come out…

In 2005, in Roper v. Simmons, the court abolished the juvenile death penalty, a decision that affected about 70 prisoners. “It is worth noting that the punishment of life imprisonment without the possibility of parole is itself a severe sanction, in particular for a young person.”

In 2010, in Graham v. Florida, the court ruled that sentencing juvenile offenders to life without the possibility of parole also violated the Eighth Amendment’s ban on cruel and unusual punishment — but only for crimes that did not involve killings. The decision affected about 130 prisoners convicted of crimes when under the age of 16.

If someone reads these blogs and got to this site because of a search on Judge O’Neill, don’t be afraid to tell your story. Don’t be afraid to reach out and tell us what happened and someone can help you too!

Remember this is a judge who hands out and signs illegal search warrants, wants to overturn every Green law that come across his desk, help the IRS put innocent people in jail and obstructs and obfuscates the laws of the state of California at every juncture. He doesn’t do his own casework or research r even hand down his own judgements! He cribs notes and ideas from others. He’s been skating by for many years as a district court judge. He works for corporate interests, and I believe, has been corrupted by the system. Apparently gifts, bribery and hand-washing is a big problem in the 9th District court. I’m looking into it myself. But handing down a 745 year sentence for simply brandishing and discharging a firearm shows someone who “jest ain’t all there!” I mean yes, put these criminals in jail. But 700 years worth? What’re they going to do, leave ’em stapled to the walls like some medieval reminder of what happens to bad men? This judge seems to be off his rocker.

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Friends of Michael S. Ioane is a blog for postings from various authors. We are dedicated to news and information regarding how the Justice Department aids and abets the IRS in criminal activities with special emphasis on the Eastern District Court of California.
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